Court Issues Notice to State, Seeks Affidavits on Disputed Mosque Land Claimed to be in Possession for Over 100 Years
In a significant development concerning the eviction of unauthorized occupants from public premises, the Allahabad High Court on September 11, 2026, granted an interim stay on the realization of damages amounting to over Rs. 6.41 crore imposed by the City Magistrate, Saharanpur, in a contentious eviction case involving a mosque.
The petitioner, Mohammad Tanveer Ahmad, challenged the eviction order passed on July 16, 2026, under Section 5 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The petitioner contended that he has been in possession of the disputed land for more than a century and that a mosque existed on the property, which was allegedly demolished within three days of the eviction order, raising concerns of haste and procedural propriety.
The land in question was initially claimed to belong to Yaqub Khan and Wahid Khan and is purportedly being used as waqf by its users. However, the State disputed these claims, pointing out the absence of a waqf deed or any formal dedication of the property as waqf. The State further contended that the land was recorded as a Kutchery/Collectorate and currently houses a post-office, with the mosque reportedly constructed after renting rooms on the premises.
The District Judge, Saharanpur, dismissed the petitioner's appeal against the eviction order on September 2, 2026. The High Court, however, found merit in the petitioner's plea for a detailed examination of facts, particularly concerning the historical possession and religious significance of the property.
Justice Rohit Ranjan Agarwal directed the issuance of notice to the respondents and called for a counter affidavit from the State within three weeks, followed by a rejoinder affidavit from the petitioner. The matter has been scheduled for a fresh hearing on October 12, 2026.
In the meantime, the Court has stayed the enforcement of the damages imposed by the City Magistrate, providing temporary relief to the petitioner while the case is under judicial scrutiny.
This case highlights the sensitive intersection of property rights, religious structures, and administrative actions under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and underscores the judiciary's role in ensuring due process and protection of rights amid conflicting claims.
Bottom Line:
Proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Eviction order passed by City Magistrate and damages imposed - Petitioner challenging the eviction order on grounds of long possession and existence of a mosque on the disputed land - Stay granted on the realization of damages until the next hearing.
Statutory provision(s): Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Section 5
Mohammad Tanveer Ahmad v. State of U.P., (Allahabad) : Law Finder Doc Id # 2976695
